Benih.com

A.   BENIH.COM

 1.     All orders and purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our own discretion.

2.     These Online Shopping Terms and Conditions, the use of this website and any order or purchase made through the facilities of this website shall be governed by the laws of the Republic of Indonesia applicable therein.

3.     You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted. You agree to pay for all charges noted herein apayable by you. Any items, except physical and digital music (read digital music services terms and conditions below), purchased on this website will be delivered to your address anywhere in the world. Additional Shipping Cost are excluded from the price list shown on this website.

4.     Benih.com may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in Indonesian Rupiah.

5.     Benih.com reserves the right to limit the quantities of certain items which you, your family or any group can purchase.

6.     Benih.com will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated after receiving the full payment from you; however, Benih.comwill not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Benih.com will notify you as soon as possible.

7.     Please note that all prices listed on this website are for online purchases only and may be updated at our own discretion.

8.     There will be no refund on cancelled products that you have placed order.

9.     In order to protect you and Benih.com from fraudulent transactions, Benih.com may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card and PayPal address. Benih.com also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that Benih.com chooses not to ship an item, you will be notified by eMail and any amount charged to you will be refunded in full.

10.   You may register with us when purchasing items using this Website. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.

11.   Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the " Account" area of the Website.

12.   We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

13.   To fulfil our obligations to you under these On-line Shopping Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications be in writing.

14.   When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarizing the details of your order . We accept your order only when we send an e-mail confirming that we have despatched the items in your order.

15.   We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our Website without prior notice.

16.   The products specified on this website are suitable and approved for use for customers within the Republic of Indonesia. Customers who choose to purchase items for usage and distribution to locations outside the Republic of Indonesia do so at their own risk and have a personal responsibility regarding compliance with local laws.

17.   If you order items for delivery outside the Republic of Indonesia, they may be subject to import duties and taxes. These are levied once the items reach the specified destination. You, the customer are responsible for any import duties incurred on your own purchases. Benih.com have no prior warning on whether these charges may be incurred or what value they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our Website you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. Benih.com cannot guarantee that your goods will arrive in the same condition that they were despatched should they be subject to inspection.

 18.   Products are invoiced in the Indonesian Rupiah at the price prevailing at the time you place your order. Prices displayed on the Website exclude shipping charges will be charged at the current rate. Delivery charge is an additional cost. Please refer to our Delivery Information for full details here.

19.   Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

 20.   We make every effort to despatch items on time. If we are unable to deliver the items within your chosen arrival period, we will aim to contact you to discuss your options and despatch as soon as possible.

21.   If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer Relations Department quoting the order reference contained in your Order Confirmation Email at info@benih.com

22.   Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Should you specify at point of order that goods are left with a neighbour, this is done so at your own risk. All goods must be signed for upon delivery.

23.   If you take delivery of a package from us and the contents have been damaged in transit, we will exchange the damaged items without charge to you provided you return the damaged item(s) to us within 30 days of taking delivery.

24.   If we have sent you an incorrect item, please notify our Customer Relations Department (info@benih.com) as soon as possible or within 30 days and return the incorrect item to us and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered we will send you the correct item as soon as possible or alternatively we will refund the item once it has been returned. We will not charge you for the incorrect item and we must have the incorrect item returned before investigating.

25.   Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage.

26.   Our liability to you under these On-Line Shopping Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these On-line Shopping Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.

27.   We will not be responsible to you for any delay or failure to comply with our obligations under these On-line Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.  

28.   We reserve the right at any time to make changes to this Website, these On-line Shopping Terms and Conditions, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

29.   Benih.com is a trading name of PT. Inspirasi Utama -- Registered office: Jl. Kebon Kacang 29 No. 10, Jakarta Pusat 10240, Indonesia

B.   DIGITAL MUSIC SERVICES

1. Benih.com Digital Music Service

The Benih.com Digital Music Service offers downloads of digitized versions of audio recordings, artwork and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.

2. Digital Content

2.1  Rights Granted. Upon payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

2.2  Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

2.3  Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.

2.4  All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact Benih.com customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

3. Download Procedure

3.1  General. We may make available to you, from time to time, download software / web link for your use in connection with the Service (any and all such software, individually and collectively, the "Software").

3.2  Use of the Software. You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

3.3  No Reverse Engineering, Decompilation, or Disassembly; Updates. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. We may offer updates of the Software, from time to time, for feature enhancement, security or other purposes. We will not automatically update the Software, unless you authorize us to do so.

4. Reservation of Rights

Except for the rights explicitly granted to you in the Terms of Use, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.

5. Territorial Restrictions

As required by our Digital Content providers, Digital Content will, unless otherwise designated, be available only to customers located in the Republic of Indonesia.

6. General

6.1  Termination; Amendments. Your rights under the Terms of Use will automatically terminate without notice from us if you fail to comply with any of their terms. In case of such termination, you must cease all use of the Software and Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights. We may amend any of the Terms of Use at our sole discretion by posting the revised terms on the Service's website. Your continued use of the Service, the Software or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.

6.3  Third-Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability.

6.4  Contact Information. For communications concerning the Terms of Use, please write to Benih.com, Attn: Legal Department, Jl. Kebon Kacang 29 No. 10, Jakarta Pusat, Indonesia.